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United States Seventh Circuit


Elustra v. Mineo, 09-2183

In a suit brought against a police officer and a restaurant owner on behalf of minors claiming civil rights violations and false imprisonment arising from a dispute over a bill owed to the restaurant, the district court's conclusion that the parties reached an enforceable oral agreement to settle their dispute is affirmed where: 1) given the record, the district court had no choice but to confirm the magistrate judge's finding that the plaintiffs, directly or through their lawyer, accepted the agreement; 2) the material terms were definite and certain - defendants would pay $6000 to the plaintiffs in exchange for their dismissal of the lawsuit; and 3) district court did not abuse its discretion in finding that it had complied with Local Rule 17.1.

Appellate Information

  • Decided 02/09/2010
  • Published 02/09/2010

Judges

  • WOOD, Circuit Judge., Before FLAUM, WOOD, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Edward M. Fox, Attorney, Fox & Associates, Chicago, IL, for Plaintiffs-Appellants., James G. Sotos, Attorney, Christina S. White, Sotos & Associates, Itasca, IL, for Tom Mineo., Ronald W. Payne, Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Brad Fralich.

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